The Waverley novels, by Sir Walter Scott, complete in 12 vol., printed from the latest English ed., embracing the author's last corrections, prefaces & notes.

INTRODUCTION TO ROB ROY. 33
made a judicial declaration, or affidavit, telling the full history of her
wrongs, imputing to fear her former silence on the subject, and expressing
her resolution not to prosecute those who had injured her in respect of the
oath she had been compelled to take. From the possible breach of such an
oath, though a compulsory one, she was relieved by the forms of Scottish
jurisprudence, in that respect more equitable than those of England, prosecutions for crimes being always conducted at the expense and charge of
the King, without inconvenience or cost to the private party who has sustained the wrong. But the unhappy sufferer did not live to be either accuser
or witness against those who had so deeply injured her.
James Mhor Drummond had left Edinburgh, so soon as his half-dead prey
had been taken from his clutches. Mrs. Key, or Wright, was released
from her species of confinement there, and removed to Glasgow, under the
escort of Mr. Wightman. As they passed the Hill of Shotts, her escort
chanced to say, "This is a very wild spot: what if the MacGregors should
come upon us?" -" God forbid!" was her immediate answer, " the very
sight of them would kill me." She continued to reside at Glasgow, without
venturing to return to her own house at Edinbilly. Her pretended husband
made some attempts to obtain an interview with her, which she steadily
rejected. She died on the 4th October 1751. The information for the Crown
hints that her decease might be the consequence of the usage she received.
But there is a general report that she died of the small-pox.
In the meantime, James Mhor, or Drummond, fell into the hands of
justice. He was considered as the instigator of the whole affair. Nay, the
deceased had informed her friends, that on the night of her being carried
off, Robin Oig, moved by her cries and tears, had partly consented to let her
return, when James came up, with a pistol in his hand, and, asking whether
he was such a coward as to relinquish an enterprise in which he had risked
everything to procure him a fortune, in a manner compelled his brother to
persevere. James's trial took place on the 13th July 1752, and was conducted with the utmost fairness and impartiality. Several witnesses, all of
the MacGregor family, swore that the marriage was performed with every
appearance of acquiescence on the woman's part; and three or four witnesses, one of them sheriff-substitute of the county, swore she might have
made her escape if she wished, and the magistrate stated that he offered
her assistance if she felt desirous to do so. But when asked why he, in his
official capacity, did not arrest the MacGregors, he could only answer, that
he had not force sufficient to make the attempt.
The judicial declarations of Jean Key, or Wright, stated the violent
manner in which she had been carried off, and they were confirmed by many
of her friends, from her private communications with them, which the event
of her death rendered good evidence. Indeed, the fact of her abduction (to
use a Scottish law term) was completely proved by impartial witnesses.
The unhappy woman admitted that she had pretended acquiescence in her
fate on several occasions, because she dared not trust such as offered to
assist her to escape, not even the sheriff-substitute.
The jury brought in a special verdict, finding that Jean Key, or Wright,
*had been forcibly carried off from her house, as charged in the indictment,
and that the accused had failed to'show that she was herself privy and consenting to this act of outrage. But they found the forcible marriage, and
subsequent violence, was not proved; and also found, in alleviation of the
panel's guilt in the premises, that Jean Key did afterwards acquiesce in her
condition. Eleven of the jury, using the names of other four who were
absent, subscribed a letter to the Court, stating it was their purpose and
desire, by such special verdict, to take the panel's case out of the class of
capital crimes.
Learned informations (written arguments) on the import of the verdict,
which must be allowed a very mild one in the circumstances, were laid
VOL. III. - 3